Can a couple be divorced outside of the US if they are both US citizens?
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Can a couple be divorced outside of the US if they are both US citizens?
Me and my husband were married in Pakistan, moved to US, became US citizens, then we went to Pakistan for vacation and he claims he divorced me there. Now I’m back In the US, and I want what ever I’m entitled to. Is this possible? He said it had been 90 days since he signed the papers.
Asked on July 11, 2012 under Family Law, Indiana
Answers:
Cameron Norris, Esq. / Law Office of Gary W. Norris
Answered 12 years ago | Contributor
It is questionable at whether or not he was in Pakistan long enough for the court to have jurisdiction over a divorce. That would be governed by Pakistan's law. As far as the United States is concerned, your individual state retains jurisdiction over child custody under the Uniform Child Custody Jurisdiction And Enforcement Act ("UCCJEA") which is in effect in every state except for Massachussets.
The American state court can, but doesn't have to recognize the foreign divorce judgment. This is a concept known as comity. You should consult with a local divorce attorney and sue for divorce here to preserve your rights.
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